A man accused of the stabbing murder of his girlfriend before suffering a brain injury after falling or jumping from a southern Sydney unit block has been ordered to stand trial.
Weijie He, 22, faced a fitness hearing in the NSW Supreme Court charged with murdering Liqun Pan after he was found unconscious outside the Wolli Creek unit block on June 27, 2020.
The next day detectives found the 19-year-old's body inside an apartment stabbed to death.
She was a Chinese national studying English on a student visa at the time.
Justice Helen Wilson was told that He fell or jumped from the fourth floor of the apartment block and sustained a serious brain injury that meant he may be unable to follow the trial proceedings or understand the evidence.
On Wednesday Justice Wilson found on the balance of probabilities that He was fit to stand trial and ordered that he be formally arraigned on August 5.
At the hearing crown prosecutor Philip Hogan submitted evidence that he said showed He was not putting in a legitimate effort in the required psychological testing.
Mr Hogan said a surveillance device had been installed in the hospital where He was living and had recorded conversations between the accused, his family and treating staff.
Defence barrister Mark Dennis SC submitted that the acquired brain injury He has suffered from since the fall could be affecting his ability to participate.
Dr Susan Pulman gave evidence that she tested He using a Test of Memory Malingering (TOMM) to identify whether his memory issues were genuine or feigned.
She said the test was simple and could be passed by someone who had severe brain damage or dementia, and included identifying simple drawings.
He scored below the expected average which meant his answers may not be reliable, or accurate, Dr Pulman said.
Dr Olav Nielssen said He may have been suffering psychosis at the time of the alleged attack and that would remain an issue in his determination.
Justice Wilson is due to publish her reasons for the judgment on Wednesday.
